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S. 1092: Interstate Transport Act of 2018

The text of the bill below is as of May 10, 2017 (Introduced).


II

115th CONGRESS

1st Session

S. 1092

IN THE SENATE OF THE UNITED STATES

May 10, 2017

(for himself, Mr. Wyden, Mr. Daines, Mr. Heinrich, Mr. Risch, and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.

1.

Short title

This Act may be cited as the Interstate Transport Act of 2017.

2.

Interstate transportation of knives

(a)

Transport of knives

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by any Federal law, rule, or regulation from transporting, shipping, or receiving a knife shall be entitled to transport a knife for any lawful purpose from any place where the person may lawfully possess and carry such knife to any other place where the person may lawfully possess and carry such knife if—

(1)

in the case of a mode of transportation subject to rules and regulations of the Transportation Security Administration or the Coast Guard, the individual complies with all applicable rules and regulations of the Transportation Security Administration or the Coast Guard, respectively; and

(2)

in the case of a mode of transportation not subject to rules and regulations of the Transportation Security Administration or the Coast Guard, during such transportation, any such knife that is being transported and that is not legal for the person to possess in a jurisdiction through which the person is traveling—

(A)

is not readily accessible or directly accessible from the passenger compartment of the mode of transportation; or

(B)

in the case of a mode of transportation without a compartment separate from the passenger compartment, is contained in a locked container other than the glove compartment or console.

(b)

Emergency knives

(1)

In general

An individual—

(A)

may carry in the passenger compartment of a mode of transportation a knife or tool—

(i)

the blades of which consist only of a blunt tipped safety blade, a guarded blade, or both; and

(ii)

that is specifically designed for enabling escape in an emergency by cutting safety belts; and

(B)

shall not be required to secure a knife or tool described in subparagraph (A) in any locked container.

(2)

Limitation

This subsection shall not apply to the transport of a knife or tool by a mode of transportation that is subject to rules and regulations of the Transportation Security Administration or the Coast Guard.

(c)

No arrest or detention

An individual who is transporting a knife in compliance with this section may not be arrested or otherwise detained for violation of any law, rule, or regulation of a State or political subdivision of a State related to the possession, transport, or carrying of a knife, unless there is probable cause to believe that the individual is not in compliance with subsection (a).

(d)

Claim or defense

An individual may assert this section as a claim or defense in any civil or criminal action or proceeding. When an individual asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision shall have the burden of proving, beyond a reasonable doubt, that the individual was not in compliance with subsection (a).

(e)

Rule of construction

Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable State law.